Moulding-Brownell Corp. v. Delfosse Construction Co.
Illinois Appellate Court
26 N.E.2d 709 (1940)
- Written by Rich Walter, JD
Facts
[Editor’s Note: The named parties do not figure in the proceedings of this appeal.] Charles and Grace Trumbull mortgaged their unimproved real property to the National Fraternal Society of the Deaf (mortgagee) (plaintiff). The Trumbulls subsequently contracted to erect a building on the property. John Scribbins (defendant) billed $5,200 for his contract work. Scribbins was the only contractor not yet paid when the Trumbulls lost their property in a foreclosure sale that grossed $40,000. The mortgagee sued for the sale proceeds, to which the mortgagee had a claim as contractual subrogee of the paid contractors. Scribbins interposed his $5,200 mechanic’s-lien claim. Based on the evidence, the trial court attributed 75 percent of the Trumbull property’s total value to the unimproved land and the remaining 25 percent to the building. The court also attributed 94 percent of the building’s value to the paid contractors’ work and the remaining 6 percent to Scribbins’s work. The court awarded $600 of the sale proceeds to Scribbins and the balance to the mortgagee. Scribbins appealed to the Illinois Appellate Court, arguing that his entire $5,200 mechanic’s lien should be satisfied from the sale proceeds.
Rule of Law
Issue
Holding and Reasoning (Burke, J.)
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